1984-11ORDINANCE N0. 1984-11
AMENDMENT TO CHAPTER IV
OF' THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
City of Richfield Does Ordain:
Chapter IV of the Ordinance Code of the City of Richfield regulating the
use of streets, public ways, grounds and places is hereby amended by adding
thereto Section 4.10 to read as follows:
4.10 Planting, Maintenance, Care and Removal of Trees on Public Property.
Subdivision 1. Declaration of Policy. The city..determines that _the _
planting, maintenance, care and removal of trees located within the
municipal street right-of-way areas and other public grounds are matters of
important concern to the city and influence the public health, safety and
welfare of its citizens in numerous ways including their effect upon the
pubic right of passage, their effect upon the value, use and enjoyment of
properties within the area, and the impact which they have upon municipal
services such as street cleaning and sewer maintenance. As a consequence,
it is of importance that the City adopt and enforce regulations on the
subject designed to promote and preserve the public health, safety and
general welfare.
Subdivision 2. Permit Required. No person shall trim, cut, remove or
,,; ~ plant any tree on any public property, including street rights-of-way,
t,. without having a valid and current permit as hereinafter provided.
Subdivision 3. Permit Application and Permit Fee. Any person desiring to
obtain a permit required by Subdivision 2 shall make application to the
Community Services Director .on forms provided for that purpose. The
application shall be accompanied by the fee established in Appendix D of
this Code. ----~--- - - --
Subdivision 4. Review by Shade Tree Commission. The Director shall refer
appeals on any app ication to t e Sha a Tree Commission for its review and
recommendation.
Subdivision 5. Standards Governing Issuance. The Director shall issue the
permit if, in the Directors judgment, the proposed work is desirable, and
the proposed method and workmanship are of a satisfactory nature. In the
ease of requests for removal permits, the Director will consider such
factors as the tree species, its general condition and form, its location
and by whom it was planted. In granting a permit, the Director may
establish conditions to be met by the applicant. The conditions may
include a requirement that the tree to be removed be replaced by the
applicant by a suitable species placed on a suitable location within the
right-of-way. The Director may not issue a removal permit based only on a
claim of sewerline blockage by tree roots.
Subidivision 6. Tree Planting Permits - Additional Conditions. In
determining whether to issue a permit to allow tree planting the Director
may also consider the species of the tree, its proposed location and
spacing, size, grade, method of planting and support.
-2-
Subdivision 7. Permit Duration. All permits issued under this section
shall be for a specified period of time unless earlier suspended or
revoked.
Subdivision $. Protection of Trees on Public Ground.
1) Unless done pursuant to a permit issued under this Section, no person
shall intentionally damage, cut, carve, transplant or remove any tree,
attach any rope, wire, nails, advertising posters or other contrivance
to any tree, or allow any harmful substance. to come in contact with
them; or set fire or permit any fire to burn when such fire or the
heat From such fire will injure any portion of any tree.
2) Reasonable care shall be exercised by any person exeavating;•- --
trenching, tunneling, or constructing near any tree to avoid injury or
damage to such tree. Reasonable care may include the erection of a
guard or barrier to protect the tree from machinery, debris or dirt.
All tunnels, trenches and construction shall be located as far from
any tree as practicable under the circumstances of the project.
Subdivision 9. Community Services Director Duties. The Community Services
Director may cause the planting of trees on public grounds and may direct
the trimming, removal, treatment or other care of any tree in order to
preserve or restore its condition or to protect the public from damage
or injury. The cost of any such work may be assessed against the property
on .which the tree is located.
Subdivision 10. Tree Planting Plan. In addition to the other
responsibilities under this section the Director shall prepare a
comprehensive tree plan regarding the planting of trees on public grounds
within the city. When approved by resolution of the City Council, the
comprehensive tree plan, and any modifications thereto, will be the
official plan of the city. Thereafter, no tree planting permit will be
issued which does not conform to the tree planting plan.
Subdivision•11. Tree Planting Plan - Contents. The tree planting and
maintenance plan shall address the following matters together with any
other matters deemed appropriate by the Community Services Director:
1) List of acceptable varieties. The list may provide for the planting
of certain varieties or mixes of varieties in certain locations.
2) Minimum size.
3) Grade.
4) Location and spacing.
5) Method of planting and support.
~~
6) Maintenance.
-3-
Passed by the City Council of the City of Richfield, Minnesota,
day of April , 198~t.
this 23rd
,1
ATTEST:
0
li
SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD STJI'i~
8940 t.yndale Avenue South Bloomington,
State of Minnesota
County of Hennepin
AMENDMENT TOf'd1,1-PTER IV
"REGULATIONS OF,STREETS,
PUBLIC W AYS, GROUNDS AND
PLACES", OF THE MUNICIPAL
CODE OF ORDINANCES OF THE
CITY OF RICHFIELD BY ADDING
A NEW SECTION PROVIDING FOR
THE PLANTING, MAINTENANCE;
CARE AND REMOV.AL:QE'1'lZEES
City of Richfield Does.Ordedrt:.
Chapter IV of the-OrdfhaaG~e Code
of the City of Richfield regulating the
use of streets, public ways, grounds
and places is hereby amended by
adding thereto Section 4.16 to read as
follows: -.? •.~
4.10 Planting Maintenanue,rCare and
Removal of 't'feea on Pubec Proper-
ty. :. , .:
Subdivision 1. Deelaratlon of Poli-
cy. The city. determines.that the plan-
ting, maintenance; case atnd removal
of trees located within the municipal
street right-of-way areas and other
publiq grounds are mattes of impor-
tant concern to the city and influence
the public health, safety and welfare
of its citizens in numerous ways in-
cluding their effect uponathe public
right of passage, their effect upon the
Minnesota value,`use and enjoyment bf proper-
ties within the area, ttttd,~he impact '
which they have upon ~cipal ser-
vices such as streef ning and
sewer maintenance. As a conse-
quence, it is of importance that the
City adopt and enforce regulations on
the subject desiggned to promote and
preserve the publiE health, safety and
general welfare.
Subdivision 2. Permit'Sequired. No
person shall trim, cut, remove or
Qlant anytree on any.public property,
including street rigghts-o[-way;
without having a valfa and current
.permit as heremafterptbvided.
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the Subdivision a. Permit Application
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge. ana Permit Fee. Any parson desiring
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper to obtain a permit required by Sub-
division 2 shall tt4ake application to
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said the Community Services Director on
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its forms provided for that purpose. The
news columns devoted to news of local interest to the community which it purports to serve and does not ~fPe eeetestab shedelh~Appe dix D of
wholly duplicate any other publication and is not made up entirely of patents, plate matter and this Code. '
advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to Subdivision a. ~It:eoilw by shade
serve, has at least 500 co ies re ularly delivered to paying subscribers, has an avers a of at least 75% Tree Commission: Thg Community
P g g Services Director• prefer appeals
of its total circulation currently paid or no more than three months in arrears and has entry as second- on any application~tNe Shade Tree
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the Commission for Its<tkaiew and rec-.
County of Henne In, and it has its known office of issue in the Cit of Bloomin ton in said count ommendation.
P Y g Y. Subdivision 5.5tant~ards Governing ,
established and open during its regular business hours for the gathering of news, sale of advertisements Issuance. The Community Services
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its Director shalt issue the permit if, in
employ and subject to his direction and control during all such regular business hours and devoted the Director's judgment, the pro-
posed work is desh'able+~and the pro-
exclusively during such regular business hours and at which said newspaper is printed. (6) Said posed method and=wdtl~nanship are
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper ofd satisfactorynattires;inthecaseof
is made available at single or subscription prices to any person, cot oration, artnershi or other requests for remove permits; the
P P P Director will considEt•such factors as
unincorporated association requesting the newspaper and making the applicable payment. (6) Said the tree species, its•general condition
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of and form, its Ioc,Itiol~antl by whom it
ublication mentioned below. (9) Said news a er has filed with the Secretor of State of Minnesota riot was planted. In gfatttingg a permit,
P P P Y P the Director may esta67ish conditwns
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary to,be met by the apphcagt. The condi-
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating the ~r e t be remov~~e replaced by
that the newspaper is a legal newspaper. the applicant by ~ -agitabte species
placed on a sotto aeeation within
the nght-of-way; the 73Erector may
not issue a removal:,permit based
He further states on oath that the tinted Ord 1 ri ari C e NO . 1 9 8 4 - 1 1 only on a claim of $awertine blockage
P by tree roots. § -
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed .Subdivision 6. Tree~Planting Per-
mits -Additional ConijiNons. In de-
termining wheth e a permit
to allow tree plant Community
Services Director Sn 'also consider
and published therein in the English language, once each week, for Orie successive weeks; ~he~species~of~the~tp,~j~pro~pas~d
shall be for a sp
that it was first so published on Wed the 2 day of Ma'y 19 8 4 unless earlier su
Subdivision 8.
on Public Groun
1) Unless door
issued unde
and was thereafter printed and published on every to and including son shall ii
cut, carve,'
any tree, a~
nails, advel
er contriva
allow any I
the day of 19 and that the following is a printed copy' come in cc
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and set fire or p
kind of type used in the composition and publication of said notice, to wit: when such.
abcdefghijklmnopgrstuvwxyz of an fttree.
Y
2) Reasonablt
ercised byy
s ing,trenchi
~~ r ~~ strutting n
injury or d
Subscribed and sworn to before me this 2 day of May 19 84 trenches a~
be located
as practical
~~ ~ ~- ,, stances of t
+' ~ Subdivision 9'.
r is i'~~ j 4,Ij tl:..~;_ - ~,~` Director Duties.
''°~-'/°''t-'"'t°"`'°'k' ~ ' ^~ `.r vices Director t
~i ~ - ~ ., r„~. ing of trees og
i , _ _.
may direct thin
s o i~ orders to preset t
~'~...~~~ ~ :i~ ~ r~ OV7Y
MY com~iissicn ex;~ir~<s lviy 2, 1986 tion or to pr
damage or i
..~--•-...•..~•~•~~•+~^~•~^-M^^^~^~+~ such work m
w., ....,._,._ .. „
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Iaa.Iao~ pue ana; st util;-puo~
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ss~ `.fo-t{alaL~i 'M ~~agoll `I
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